Patna High Court

Sugriv ChouhanversusThe State of Bihar

Decided: 22 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court provisionally granted anticipatory bail to the petitioner, subject to verification of his antecedents.

Summary

The petitioner, Sugriv Chouhan, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 46.06 litres of liquor and seizure of three motorcycles. He argued that he had no prior criminal record and that the liquor was found in a bag thrown by another accused, not in his possession, and that he was unaware of the misuse of his vehicle by a co‑accused. The State opposed the bail. The Court granted provisional anticipatory bail, subject to a bail bond of Rs. 500 with two sureties and conditioned on verification of the petitioner’s antecedents by the trial court. If any prior case is discovered, the bail will not be confirmed; otherwise, it will be confirmed upon verification. The order was made under Section 482(2) of the BNSS.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act
Whether the petitioner’s ownership of a seized vehicle makes him liable for the alleged offence
Whether the petitioner’s clean antecedent warrants grant of anticipatory bail

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30
vehicle seizure
clean antecedent
provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26355 of 2026
                         Arising Out of PS. Case No.-59 Year-2026 Thana- RAJPUR District- Buxar
                 ======================================================
                 Sugriv Chouhan S/o Kamla Prasad Resident of Village - Bhelipur, P.S - Itadhi,
                 District - Buxar

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sada Nand Roy
                 For the Opposite Party/s :        Mr. Rana Randhir Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 46.06 liters of liquor from a bag allegedly thrown by

                   the accused and three motorcycles were seized.

                                4. Learned      counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and he came to be

                   implicated based on the fact that he is owner of one of the

                   seized vehicles. It is next submitted that no prudent person
Patna High Court CR. MISC. No.26355 of 2026(2) dt.22-04-2026
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          would use his own vehicle for committing an occurrence and

          thus would create evidence against himself and hence would get

          implicated, it is also submitted that petitioner was completely

          unaware that Brajesh would misuse the vehicle in the manner as

          alleged who was also apprehended from the spot along with

          Sunny.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          500/- (Rupees Five Hundred) with two sureties of the like

          amount each to the satisfaction of the learned Trial Court where

          the case is pending/successor court in connection with Rajpur

          P.S. Case No. 59 of 2026 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this
            Patna High Court CR. MISC. No.26355 of 2026(2) dt.22-04-2026
                                                        3/3




                      Court, as such, the provisional anticipatory bail order shall not be

                      confirmed, but after verification if it is found that petitioner is a

                      person with clean antecedent in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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